The probationary period has passed, no mistake, is it legal to reduce wages

If the employee does not make a mistake during the probationary period, it is illegal for the employer to reduce the employee's wages, and the employee may file a complaint with the local labor inspection department or apply for labor arbitration.

If the employer does not pay the wages in a timely manner, there are two ways to request the payment of wages:

1. Workers can complain to the local labor bureau for labor inspection; Pros: Simple way. Disadvantages: Enforcement may not be very strong in various places;

2. You can apply for arbitration at the local labor bureau and demand payment of wages. If you do not have an employment contract, you can also demand double the wages of the unsigned employment contract. If the termination of the employment relationship is based on arrears of wages, the employee may also be required to pay severance payments.

Advantages: In addition to salary, you can also claim financial compensation, double wages, etc., and generally can be finally resolved; Disadvantages: Applying for labor arbitration is a labor lawsuit, with slightly more procedures and professional guidance.

Legal basis: Provincial wage payment regulations. For example:

Article 13 of the Regulations of Guangdong Province on the Payment of Wages Article 13 Where an employer terminates or dissolves a labor relationship with an employee in accordance with the law, it shall settle the settlement and pay the employee's wages in a lump sum on the day of termination or dissolution of the labor relationship.

Article 33 of the Provisions on the Payment of Wages by Enterprises in Shandong Province Where an enterprise dissolves or terminates a labor contract with a worker in accordance with the law, the enterprise shall pay the wages due to the worker in a lump sum when the labor contract is dissolved or terminated.

This company doesn't make sense, or it just wants you to go on your own. It should be negotiated during the interview. Good luck!

1. Is it illegal to reduce wages during the probation period?

1. The salary reduction during the probation period is illegal or not depends on the situation, and the analysis is as follows:

1) Whether there are relevant agreements on job transfer and salary reduction in the contract signed between the company and the employee, whether the job responsibilities and specific assessment standards are clarified within the company, and whether the party has the responsibility to provide evidence for its own claims in the event of a labor dispute, which is not illegal;

2) If the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide it; If the employer does not provide it, it shall bear the adverse consequences.

2. Legal basis: Article 35 of the Labor Contract Law of the People's Republic of China.

The employer and the employee may change the content of the labor contract if they reach a consensus through consultation. Modification of the labor contract shall be in written form. The amended labor contract shall be held by the employer and the employee.

2. Is it illegal not to sign a contract during the probationary period?

It is illegal for an employer not to sign an employment contract with an employee during the probationary period.

Jianfan shall establish a labor relationship with prudence and shall conclude a written labor contract. If a labor relationship has been established and a written labor contract has not been concluded at the same time, a written labor contract shall be concluded within one month from the date of employment. From the date of the employee's employment, a de facto employment relationship has been established with the employer.

As long as the worker provides labor during normal working hours, the employer must pay labor remuneration.

Legal Analysis: Not necessarily. During the probationary period, as long as the employer has evidence that you are not suitable for the original position, it can transfer you to another position or terminate the labor relationship, and you do not need to pay severance payment!

First of all, it is necessary to see whether there are relevant agreements on job transfer and salary reduction in the contract signed between the company and the employee, whether the job responsibilities and specific assessment standards are clarified within the company, and whether the party has the responsibility to provide evidence for its own claims in the event of labor disputes. However, if the evidence related to the disputed matter is in the possession and management of the employer, the employer shall provide itIf the employer does not provide it, it shall bear the adverse consequences.

Legal basis: Labor Contract Law of the People's Republic of China

Article 46 "Under any of the following circumstances, the employer shall pay economic compensation to the worker:

1) The worker terminates the labor contract in accordance with the provisions of Article 38 of this Law;

2) The employer proposes to terminate the labor contract to the employee in accordance with the provisions of Article 36 of this Law and terminates the labor contract through consultation with the employee;

3) The employer terminates the labor contract in accordance with the provisions of Article 40 of this Law;

4) The employer terminates the labor contract in accordance with the provisions of the first paragraph of Article 41 of this Law;

5) Except in the case where the employer maintains or improves the agreed conditions of the labor contract and the employee does not agree to renew the labor contract, the fixed-term labor contract is terminated in accordance with the provisions of Paragraph 1 of Article 44 of this Law;

6) Termination of the labor contract in accordance with the provisions of Paragraphs 4 and 5 of Article 44 of this Law;

7) Other circumstances provided for by laws and administrative regulations. ”

Article 47 Economic compensation shall be paid to the worker according to the number of years he or she has worked in the unit and one month's salary for each full year. If it is more than six months but less than one year, it shall be counted as one year;If it is less than six months, the worker shall be paid half a month's salary.

If the monthly wage of a worker is three times higher than the average monthly wage of the employee in the previous year as announced by the people of the municipality directly under the Central Government or the city divided into districts where the employer is located, the standard of economic compensation shall be paid to him at the rate of three times the average monthly salary of the employee, and the maximum period of time for which the economic compensation shall be paid shall not exceed 12 years.

The term "monthly wage" mentioned in this article refers to the average salary of an employee in the 12 months prior to the termination or dissolution of the labor contract.

Article 87 Where an employer dissolves or terminates a labor contract in violation of the provisions of this Law, it shall pay compensation to the worker in accordance with twice the standard of economic compensation stipulated in Article 17 of this Law.

Legal analysis: According to the relevant laws of China, if the probationary employee reduces the employee's salary, if the two parties agree on it, it is legal, and if the employer unilaterally reduces the salary, it is illegal.

Legal basis: Labor Contract Law of the People's Republic of China

Article 19 Where the term of a labor contract is more than three months but less than one year, the probationary period shall not exceed one month; If the term of the labor contract is more than one year but less than three years, the probationary period shall not exceed two months; For fixed-term and indefinite-term labor contracts of more than three years, the probationary period shall not exceed six months.

The same employer and the same employee can only agree on one probationary period.

Where a labor contract is for the completion of a certain work task or where the term of the labor contract is less than three months, a probationary period must not be stipulated.

The probationary period is included in the term of the employment contract. If the labor contract only stipulates a probationary period, the probationary period shall not be established, and the period shall be the term of the labor contract.

Article 20 The wages of a worker during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the employer or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 21 During the probationary period, the employer shall not terminate the labor contract except for the circumstances provided for in Article 39 and Paragraphs 1 and 2 of Article 40 of this Law. If the employer terminates the labor contract during the probationary period, it shall explain the reasons to the employee.

1. According to the relevant laws of China, if the probationary employee reduces the employee's salary, if the two parties agree on it, it is legal, and if the employer unilaterally reduces the salary, it is illegal.

2. Legal provisions: Labor Contract Law of the People's Republic of China

Article 20 [Wages during the Probationary Period] A worker's salary during the probationary period shall not be lower than 80 percent of the minimum wage for the same position in the unit or the wage agreed in the labor contract, and shall not be lower than the minimum wage standard in the place where the employer is located.

Article 85: [Legal Responsibility for Failure to Pay Labor Remuneration and Economic Compensation in Accordance with Law] In any of the following circumstances, the labor administrative department shall order the employer to pay labor remuneration, overtime pay or economic compensation within a specified period of time; If the labor remuneration is lower than the local minimum wage standard, the difference shall be paid; If the employer fails to pay within the time limit, the employer shall be ordered to pay additional compensation to the employee at the rate of not less than 50% but not more than 100% of the amount payable

1) Failing to pay the labor remuneration of the worker in full and in a timely manner in accordance with the provisions of the labor contract or the provisions of the state;

2) Paying wages to workers at a rate lower than the local minimum wage standard;

3. Arrange overtime and do not pay overtime pay;

4) Dissolving or terminating a labor contract without paying economic compensation to the worker in accordance with these Regulations.

1. Can the company dismiss a probationary employee at will?

According to the regulations, the probationary period is included in the term of the labor contract, which also means that the company and the employee have determined the labor relationship and should be bound by the contract and relevant laws and regulations, so the company cannot dismiss the first employee during the probationary period at will.

And, if the company dismisses an employee on probation, it shall be carried out in accordance with the following provisions:

1. If the company really wants to dismiss the probationary employee, it shall provide supporting materials to prove that the probationary employee does not meet the company's employment standards, or that he does not meet the job requirements, and the company does not need to pay any compensation after the dismissal.

2. If the company fails to provide evidence or dismisses the probationary employee without reason, the probationary employee may request the company to pay economic compensation.

The payment of severance to employees who are discharged from the probationary period shall be based on the following standards:

1. If the probationary period is more than one month and the contract is not signed, double economic compensation shall be paid.

During the probationary period of more than one month, if the company has not signed a contract with the employee in time, the employee can request the company to pay double the salary.

2. Dismiss probationary employees without cause and pay employees half a month's salary compensation.

If the company wants to terminate the labor contract, it needs to prove that the probationary employee does not meet the employment conditions, for example, if the termination is due to structural adjustment, it is a violation, then the employee can request the company to pay compensation.

In general, the standard of payment is half a month's salary for employees during the probationary period.